Apr 11, 2008 8:07 pm US/Central
Health Department Seeks Smoking Ban Compliance
ST. PAUL (AP) ―
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The state's Freedom to Breathe Act contains an exception for actors in theatrical performances. Several bars across the state have tried to take advantage of that. (File)
CBS
The Minnesota Department of Health asked Friday for a court injunction against a Scott County bar that is using a smoking ban loophole to allow patrons to puff away by posing as actors.
The case is the first the department has brought over a statewide prohibition against smoking in bars, restaurants and other businesses. The agency wants a district court judge to declare the "theater nights" being held at the Bullseye Saloon in Elko violate the smoking ban.
The law, which took effect in October, contains an exception for actors in theatrical performances. Several bars across the state have tried to take advantage of that by staging mock plays in which patrons and employees were deemed actors.
The department ruled in early March that the theater exemption was being abused and it sent out 17,000 notices detailing the agency's position.
"We're down to a couple handfuls of establishments that are choosing not to comply with the law despite being given numerous opportunities to," said Health Commissioner Sanne Magnan.
According to the court filing, inspectors visited the Bullseye Saloon in late March after receiving two complaints about indoor smoking there. They saw ashtrays laid out on the bar and smelled the odor of tobacco in the air.
Later, the inspectors warned the owner that the sham performances he was advertising were in violation of the law. The court papers say he told the officials he intended to continue allowing smoking.
An employee at the bar told a reporter that the owner, Robert Ripley, wasn't available for comment Friday.
A hearing is set for April 30.
The law gives the health department power to fine rogue businesses up to $10,000. Magnan said she hopes the court action will get the attention of bars ignoring the law.
"It's not about fines. It's about protecting Minnesotans," she said. "It's about helping establishments comply with the law."
John Linc Stine, the agency's director of environmental health, said a court ruling in the department's favor would send a message to other bars. He said officials considered the chance a loss in court would encourage businesses to flout the law's intent.
"Based on legal advice we received, we believe we are on very sound legal ground," he said.
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Secondhand smoke is a leading cause of preventable death in the United
States. In 2005, it was estimated that, each year, exposure to
secondhand smoke in the United States kills more than 3,000 adult
nonsmokers from lung cancer and approximately 46,000 from coronary
heart disease.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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